They Drove all Night… To Get To EU

Danny O’Brien had an article in the newly opened up Irish Times where he dreamed of an EU decentralised by technology so that power was scattered on the four winds to the edges of the Union. Failing that, he admitted, it would be nice if our magic boxes and invisable signals could be used to bring more of the centre to the edge.

Not many journeys of great significance in history have had Luxembourg as their destination but this one deserves comment. They intend to attend the European Court of Justice from 9.30am CET for the hearing of Ireland -v- European Parliament and European Commission.

This hearing will deal with Ireland’s challenge to the Data Retention Directive which, Ireland says, was wrongfully brought into law when their veto was ignored.
(Something strangely familiar here…)

In the meantime, Digital Rights Ireland’s challenge to the implementation of Data Rentention by Ireland will be heard this morning in the High Court in Dublin- starting 10.30am, Irish Time in Court 16.

And, through the magic of the unglamourous, but sturdy, technology of SMS the two court cases will be kept up to date as to the progress of each other’s hearings.

It might not be high-tech, but frequently the best technology for keeping people in touch is the easiest. Maybe we’re not too far from Danny O’Brien’s vison of a permeable EU.

2 [282]
S.I. No. 282 of 2014
EUROPEAN UNION (PACKAGING) REGULATIONS 2014
INDEX
PART I
PRELIMINARY AND GENERAL
1. Citation.
2. Purpose of Regulations.
3. Commencement.
4. Interpretation generally.
PART II
PRIMARY OBLIGATIONS ON ALL PRODUCERS
5. Packaging waste arising on a producer’s premises.
6. Information on packaging destined for reuse.
7. Information on the weight of packaging.
8. Obligation regarding recovery operators.
PART III
ADDITIONAL OBLIGATIONS ON MAJOR PRODUCERS
9. Application of Part III and regulation 25.
10. Requirements on major producers to recover and recycle packaging waste.
11. Recovery and recycling targets for major producers.
12. Purchase of packaging waste.
13. Registration and certification of major producers.
14. Application for registration or renewal of registration.
15. Implementation plans, annual reports and quarterly reports.
16. Application of requirements.
PART IV
APPROVED BODIES
17. Exemption from certain requirements.
[282] 3
18. Application to the Minister for approval.
19. Grant or refusal of approval.
20. Review and revocation of approval.
21. Use of logo adopted by an approved body.
22. Notifications to local authorities.
23. Information to the Agency and the Central Statistics Office.
PART V
LOCAL AUTHORITY FUNCTIONS
24. Enforcement by local authorities.
25. Power of local authority to require submission of information.
26. Entries in a local authority register.
27. Notice and information to the Agency.
PART VI
ESSENTIAL REQUIREMENTS OF PACKAGING
28. Essential Requirements of packaging.
29. Concentration of heavy metals in packaging and packaging material.
PART VII
MISCELLANEOUS
30. Onus of proof on a producer.
31. Collection of packaging waste.
32. Constituent materials in packaging waste.
33. Authorised Persons.
34. Offences.
35. Prosecution and Penalties.
36. Revocation.
37. Application of Waste Management (Collection Permit) Regulations 2001.
4 [282]
SCHEDULE 1
ILLUSTRATIVE EXAMPLES OF THE APPLICATION OF
CRITERIA TO CLARIFY THE DEFINITION OF
PACKAGING IN REGULATION 4(3)
SCHEDULE 2
REQUIREMENTS REGARDING NOTICES
SCHEDULE 3
INFORMATION TO BE COMPILED, MAINTAINED AND SUBMITTED
SCHEDULE 4
ESSENTIAL REQUIREMENTS ON THE COMPOSITION, AND THE
REUSABLE AND RECOVERABLE, INCLUDING RECYCLABLE,
NATURE OF PACKAGING
[282] 5
S.I. No. 282 of 2014
EUROPEAN UNION (PACKAGING) REGULATIONS 2014
I, PHIL HOGAN, Minister for the Environment, Community and Local
Government, in exercise of the powers conferred on me by section 3 of the
European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving
effect to Directive 94/62/EC1 of the European Parliament and of the Council of
20 December 1994 on packaging and packaging waste as amended by Directive
2004/12/EC2 of the European Parliament and of the Council of 11 February 2004
and Commission Directive 2013/2/EU3 of 7 February 2013, hereby make the
following Regulations:
PART I
PRELIMINARY AND GENERAL
Citation
1. These Regulations may be cited as the European Union (Packaging) Regulations
2014.
Purpose of Regulations
2. The purposes for which these Regulations are made include the purpose
of giving effect to provisions of European Parliament and Council Directive
94/62/EC4 of 20 December 1994 on packaging and packaging waste as amended
by European Parliament and Council Directive 2004/12/EC5 of 11 February 2004
and Commission Directive 2013/2/EU6 of 7 February 2013 with a view to promoting
the recovery and recycling of packaging waste.
Commencement
3. These Regulations shall come into operation on the day after the date on
which notice of their making is published in the Iris Oifigiúil.
Interpretation generally
4. (1) In these Regulations, save where the context otherwise requires—
“the Act” means the Waste Management Act 1996 (No. 10 of 1996);
“the Agency” means the Environmental Protection Agency established under
section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);
1 O.J. No. L 365, 31.12.94, page 10.
2 O.J. No. L 47, 18.02.04, page 26.
3 O.J. No. L 37, 8.02.13, page 10.
4 O.J. No. L 365, 31.12.1994, page 10.
5 O.J. No. L 47, 18.02.04, page 26.
6 O.J. No. L 37, 8.02.13, page 10.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 20th June, 2014.
6 [282]
“approved body” means a body corporate or association approved by the Minister
in accordance with regulation 19;
“authorised person” means a person who is appointed in writing by the Minister,
a local authority, the Agency or such other person as may be required to be an
authorised person for the purposes of the Act of 1996 or a Part or section
thereof;
“back-door waste” means waste arising from secondary and tertiary packaging
which is received by a producer but is not thereafter used in the supply of
products;
“broker” means, in relation to waste, any person who on behalf of or as a service
to any other person buys, sells or arranges for the purchase, sale or transfer
from one person to another of waste or for the collection, recovery or disposal
of waste;
“Central Statistics Office” means the Office established under section 8(1) of
the Statistics Act 1993;
“competent person” in relation to these Regulations means—
(a) an independent person who is qualified to be appointed, or as the case
may be continues to be, the auditor of the producer, or
(b) a director of the producer, designated by that producer and approved
by the relevant local authority, where the producer is a company
registered under the Companies Acts 1963 to 2001, or
(c) the manager of the producer, designated by that producer and
approved by the relevant local authority, where the producer is any
other body corporate or unincorporated body, or
(d) an independent person designated by the producer and approved by
the relevant local authority;
“dealer” means, in relation to waste, any person who buys or sells waste on his
or her own behalf or arranges on behalf of or as a service to any other person
for the purchase, sale or transfer from one person to another of waste or for the
collection, recovery or disposal of waste;
“the Directive” means European Parliament and Council Directive 94/62/EC of
20 December 1994 on packaging and packaging waste as amended by Directive
2004/12/EC of 11 February 2004 and Commission Directive 2013/2/EU of 7
February 2013;
“European standard” means a standard the reference number of which is published
in the Official Journal of the European Communities in pursuance of
article 9(2)(a) of European Parliament and Council Directive 94/62/EC;
[282] 7
“household packaging waste” means packaging waste produced within the curtilage
of a building or self-contained part of a building used for the purposes of
living accommodation;
“intentionally introduced” means, in relation to regulation 29, deliberately utilised
in the formulation of a packaging material or packaging where its continued
presence is desired in the final packaging material or packaging to provide a
specific characteristic, appearance or quality, save that the use of recycled
materials as feedstock for the manufacture of new packaging material or packaging,
where some portion of the recycled materials may contain amounts of regulated
materials, shall not be considered as intentionally introduced;
“organic recycling” means the aerobic (composting) or anaerobic
(biomethanisation) treatment, under controlled conditions and using microorganisms,
of the biodegradable parts of packaging waste, which produces stabilised
organic residues or methane. The landfill of the biodegradable parts of
packaging waste shall not be considered a form of organic recycling;
“packaging” has the meaning assigned to it by section 5 of the Act and shall be
read in accordance with the criteria set out hereunder so that—
(i) items shall be considered to be packaging if they fulfil the definition
set out in section 5 of the Act without prejudice to other
functions which the packaging might also perform, unless the item
is an integral part of a product and it is necessary to contain,
support or preserve that product throughout its lifetime and all
elements are intended to be used, consumed or disposed of
together (and illustrative examples of this criterion are provided
in Part 1 of Schedule 1), or as appropriate,
(ii) items designed and intended to be filled at the point of sale and
disposable items sold, filled or designed and intended to be filled
at the point of sale shall be considered to be packaging provided
they fulfil a packaging function (and illustrative examples of this
criterion are provided in Part 2 of Schedule 1, or as appropriate,
(iii) packaging components and ancillary elements integrated into
packaging shall be considered to be part of the packaging into
which they are integrated. Ancillary elements hung directly on,
or attached to, a product and which perform a packaging function
shall be considered to be packaging unless they are an integral
part of that product and all elements are intended to be consumed
or disposed of together (and illustrative examples of this criterion
are provided in Part 3 of Schedule 1), and
packaging constituted within the meaning assigned to it by section 5 of the Act
and in accordance with the aforementioned criteria may only consist of—
(a) sales or primary packaging, that is to say packaging conceived so as
to constitute a sales unit to the final user or consumer at the point of
purchase, or
8 [282]
(b) grouped or secondary packaging, that is to say packaging conceived
so as to constitute at the point of purchase a grouping of a certain
number of sales units (whether the latter are sold as such to the final
user or consumer or whether the packaging serves only as a means to
replenish shelves at the point of sale), and which can be removed
from a product without affecting the product’s characteristics, or
(c) transport or tertiary packaging, that is to say packaging conceived so
as to facilitate handling and transport of a number of sales units or
grouped packaging in order to prevent damage from physical handling
and transport (but not including road, rail, ship and air containers);
“packaging destined for reuse” means packaging which has been conceived and
designed to accomplish within its life cycle a minimum of two trips or rotations,
and which is subject to operations by which it is refilled or used for the same
purpose for which it was conceived, with or without the support of auxiliary
products present on the market enabling the packaging to be refilled;
“packaging material” means material used in the manufacture of packaging that
is placed on the market and includes raw materials prior to their conversion into
packaging, excluding any kind of production residue from the production of
packaging or packaging materials or from any other production process;
“packaging report” means a report, compiled on behalf of a producer by a competent
person, certifying in respect of a specified period and in respect of all
premises involved in the supply of packaging material, packaging or packaged
products and operated by that producer in the State, the nature and weight of—
(a) packaging material and packaging received and supplied by the producer
concerned, and
(b) packaging destined for reuse where such packaging destined for reuse
is subject to operations by which it is returned to the producer for the
purpose of it being refilled or used for the same purpose for which it
was conceived, and
(c) packaging waste—
(i) produced or received by the producer concerned,
(ii) taken back by other producers,
(iii) recovered by or on behalf of the producer concerned, and
(iv) collected for recovery by recovery operators;
“packaging waste” means any packaging or packaging material, excluding production
residues, which is discarded or is intended to be discarded or is required
to be discarded as waste and shall be read in accordance with the meaning of
[282] 9
section 4(1)(a) of the Act and article 1(a) of European Parliament and Council
Directive 2006/12/EC7 of 5 April 2006 on waste;
“packer/filler” means a producer who puts products into packaging for the purpose
of supply;
“plastic sheeting” means plastic film used in secondary and tertiary packaging
which is received by a producer but is not thereafter used in the supply of
products;
“principal office” in relation to a local authority means the central office of the
local authority, or such other office of the local authority which may be designated
by that local authority for the purposes of dealing with matters covered
by these Regulations;
“product” means any naturally occurring or manufactured thing;
“purchase” in relation to packaging waste means acquiring packaging waste in
the course of business in exchange for any consideration including money, or in
exchange for a prize, or otherwise in exchange for a gift;
“quarterly period” means each period of three months beginning on the first
day of January, April, July and October;
“recovery” has the meaning assigned to it by section 4(4) of the Act and shall
be read in accordance with article 1(f) of European Parliament and Council
Directive 2006/12/EC of 5 April 2006 on waste;
“recovery operator” means—
(a) a local authority or other person engaged in waste recovery or waste
collection for the purposes of recovery, subject to that person having
obtained all necessary licences or permits required under the Act and
any regulations made thereunder, or
(b) a major producer when acting in accordance with the exemption from
the requirement to hold a permit when collecting packaging waste in
accordance with article 22(e) of the Waste Management (Collection
Permit) Regulations 2001 (S.I. No. 402 of 2001), subject to any
amendment that may be made to those Regulations from time to
time, but, if those regulations should be revoked, shall be subject to
such regulations corresponding to those regulations as may be for the
time being in force;
“recycling” means, in relation to packaging waste, the reprocessing in a production
process of the waste materials for their original purpose or for other
purposes including organic recycling but excluding energy recovery. Energy
recovery means the use of combustible packaging waste as a means to generate
energy through direct incineration with or without other waste but with the
recovery of heat;
7 O.J. No. L 114, 27.04.2006, page 9.
10 [282]
“specified packaging waste” means waste aluminium, fibreboard, glass, paper,
plastic sheeting, steel and wood;
“supply” in relation to packaging material, packaging and packaged products
means providing packaging material, packaging or, as appropriate, packaged
products in the course of business, or in exchange for any consideration including
money, or giving as a prize, or otherwise making a gift, and packaging
removed from a product by or on behalf of the producer—
(a) at the point of sale, or as appropriate,
(b) at the point of delivery, or as appropriate,
(c) immediately preceding the point of sale, or as appropriate,
(d) immediately preceding the point of delivery
shall be deemed to be supplied accordingly;
“turnover”, in relation to any producer, means the amounts derived from the
provision (including the export) of goods and services falling within the producer’s
ordinary activities, after deduction of—
(a) trade discounts, and
(b) value-added tax;
(2) For the purpose of these Regulations, “producer” is hereby specified,
under and in accordance with section 27 of the Act, to mean a person who, for
the purpose of trade or otherwise in the course of business, sells or otherwise
supplies to other persons packaging material, packaging or packaged products,
and “produce” shall be construed accordingly.
(3) (a) For the purposes of these Regulations, “major producer” means a
producer who—
(i) for the purpose of trade or otherwise in the course of business,
sells or otherwise supplies to other persons packaging material,
packaging or packaged products, where the aggregate weight of
packaging material and packaging supplied by such major producer
exceeds or may be expected to exceed 10 tonnes in a calendar
year, and
(ii) has an annual turnover of more than €1million;
(b) For the purpose of determining whether or not a producer is a
major producer—
(i) the aggregate weight of packaging material and packaging concerned
shall, subject to paragraph (c), be the aggregate weight
arising from all relevant activities of the producer within the
State, and
[282] 11
(ii) the turnover of the producer concerned shall be the turnover
derived from the producer’s activities within the State (including
the export of goods and services);
(c) For the purpose of determining whether or not a producer is a major
producer—
(i) account shall be taken of packaging (not being packaging destined
for reuse)—
(I) supplied to consumers in association with products sold and
consumed, or intended for consumption, on a producer’s
premises, and
(II) in the form of multi-unit containers which are used to facilitate
the sale and consumption of products on a producer’s premises,
and
(ii) account shall not be taken of—
(I) packaging destined for reuse, where such packaging destined
for reuse is subject to operations by which it is returned to
the producer for the purpose of it being refilled or used for
the same purpose for which it was conceived, and
(II) packaging material and packaging where such material or
packaging is supplied by, or used in the supply of products
by, that producer to persons outside of the State, and
(III) packaging waste supplied by a recovery operator (who is not
the producer if the producer is a major producer) to the producer
for the purposes of treatment, recovery or disposal.
PART II
PRIMARY OBLIGATIONS ON ALL PRODUCERS
Packaging waste arising on a producer’s premises
5. (1) A producer shall ensure that packaging waste arising on the producer’s
premises, (including back-door waste) is—
(a) (i) in the case of specified packaging waste—
(I) transferred, for the purposes of recovery, to a producer of
packaging material, packaging or packaged products of a type
or brand, to which the packaging waste in question relates, or
(II) separated at source by material type and collected by, or on
behalf of, the producer, or by a recovery operator, for the
purposes of recovery, and
(ii) in the case of all other packaging waste—
12 [282]
(I) transferred, for the purposes of treatment, recovery or disposal,
to a producer of packaging material, packaging or
packaged products of a type or brand, to which the packaging
waste in question relates, or
(II) collected by, or on behalf of, the producer, or by a recovery
operator, for the purposes of treatment, recovery or disposal,
or
(b) separated at source by material type for the purpose of facilitating the
recovery of said waste on-site, principally as a fuel or other means, to
generate energy effectively in accordance with a licence or permit
required under the Act.
(2) Waste collected by a recovery operator, or transferred to a producer, for
the purposes of recovery in accordance with sub-regulation (1)(a)(i) shall not
be disposed of by that recovery operator, or as appropriate by that producer, or
as appropriate by any other person.
(3) Sub-regulation (2) shall not prejudice the disposal of residual waste arising
out of any recovery operation.
(4) The requirements of sub-regulation (1)(a)(i) shall not apply to specified
packaging waste which is contaminated so as to pose a risk to the health of
any person.
(5) A person shall not contaminate specified packaging waste.
(6) For the purposes of this regulation a local authority may give a direction
in writing to a producer in relation to the separation at source of packaging
waste, for the purpose of avoiding contamination or to facilitate the recovery or
disposal of that waste, and a producer shall comply with such a direction.
Information on packaging destined for reuse
6. A producer shall, where packaging destined for reuse is subject to operations
by which it is returned to the producer for the purpose of it being refilled
or used for the same purpose for which it was conceived, compile and maintain
records for each trip or rotation of the packaging destined for reuse which will
at least provide for—
(a) a description of the packaging destined for reuse;
(b) the material type of the packaging destined for reuse;
(c) the aggregate weight of the packaging destined for reuse;
(d) the number of units of the packaging destined for reuse;
(e) the date on which the packaging destined for reuse, or products in
packaging destined for reuse, was sold or otherwise supplied to the
customer;
[282] 13
(f) the date on which the packaging destined for reuse was returned by
the customer to the producer for the purpose of it being refilled or
used for the same purpose for which it was conceived;
(g) the date on which the packaging destined for reuse was refilled or used
for the same purpose for which it was conceived by the producer; and
(h) all supporting information used for, or in conjunction with, the preparation,
compilation and maintenance of such records.
Information on the weight of packaging
7. A producer who supplies to another producer packaging material, packaging
or packaged products shall comply with any reasonable request from the
latter producer for data on the weight of the material or packaging concerned
sufficient to enable the latter producer to comply with these Regulations.
Obligation regarding recovery operators
8. (1) For the purposes of regulations 5 and 10, a producer shall ensure that
a person purporting to be a recovery operator holds all necessary licences or
permits required under the Act, or is otherwise exempt from the requirement
to hold a permit or licence.
(2) In a prosecution for a contravention of sub-regulation (1), it shall be a
good defence to prove that the producer took all reasonable steps, including the
making of reasonable enquiries, to establish that a person held all necessary
licences or permits required under the Act, or was otherwise exempt from the
requirement to hold a permit or licence.
PART III
ADDITIONAL OBLIGATIONS ON MAJOR PRODUCERS
Application of Part III and Regulation 25
9. The provisions of regulations 10 to 16 and regulation 25 shall apply to all
major producers unless such producers are exempt in accordance with regulation
17.
Requirements on major producers to recover and recycle packaging waste
10. (1) A major producer shall—
(a) fix and maintain in a conspicuous position, and in such manner as to
be clearly visible to members of the public, within one metre of each
entrance to each premises at or from which such major producer supplies
packaging material, packaging or packaged products, a notice
complying with the requirements specified in Part 1 of Schedule 2;
(b) provide facilities at each premises specified in paragraph (a) for the
acceptance, segregation and storage of packaging waste in accordance
with these Regulations;
14 [282]
(c) provide facilities at each premises specified in paragraph (a) whereby
customers may remove, segregate and deposit packaging from products
or substances purchased at that premises;
(d) accept from any person, free of charge between the hours of 9.30 a.m.
to 5.30 p.m., each Monday to Friday, at any premises specified in
paragraph (a), any packaging waste relating to packaging material,
packaging or packaged products of a type or brand supplied by that
major producer; and
(e) within a week of being requested so to do, collect, or arrange for the
collection of, from any producer to whom the major producer supplies
packaging material, packaging or packaged products, any packaging
waste relating to packaging material, packaging or packaged products
of a type or brand supplied by the major producer.
(2) The purpose, location and availability of facilities to be provided for the
purpose of sub-regulations (1)(b) and (1)(c) shall be notified or advertised in a
conspicuous position, and in such manner as to be clearly visible to members of
the public, at or near each entrance to each premises.
(3) A major producer who supplies packaging material, packaging or packaged
products otherwise than from a premises shall, in order to fulfil the obligations
set out in sub-regulation (1), acquire or otherwise obtain the use of a
premises located in the functional area of each local authority in which such
major producer carries on business, which premises shall, in relation to the functional
area of a local authority, be deemed for the purposes of these Regulations
(save where the context otherwise requires) to be premises specified in subregulation
(1)(a) at which the major producer carries on business in that functional
area.
(4) During the months of March and September in each calendar year, a
major producer shall—
(a) publish in one or more newspapers circulating in the functional area
of the local authority in which its premises is situate a notice complying
with the requirements of Part 5 of Schedule 2; and
(b) provide copies of all notices published to the local authority within
ten days of the date of publication of such notices.
Recovery and recycling targets for major producers
11. (1) Without prejudice to sub-regulation (2), on and from the date of commencement
of these Regulations, a major producer who is an importer of packaged
products or is a packer/filler shall take such steps as are necessary to ensure
that in any quarterly period, the aggregate weight of packaging waste which is
accepted or, as appropriate, collected by that major producer for the purposes
of recovery—
[282] 15
(a) is not less than 55% of the aggregate weight of packaging material
and packaging imported or packed/filled and supplied by that major
producer in the preceding quarterly period, and
(b) that a minimum 50% of the aggregate weight of packaging material
and packaging imported or packed/filled and supplied by that major
producer in the preceding quarterly period is recovered by way of
recycling,
until the 30th day of December 2008.
(2) On and from the 31st day of December 2008, a major producer who is an
importer of packaged products or is a packer/filler shall take such steps as are
necessary to ensure that in any quarterly period, the aggregate weight of packaging
waste which is accepted or, as appropriate, collected by that major producer
for the purposes of recovery—
(a) is not less than 60% of the aggregate weight of packaging material
and packaging imported or packed/filled and supplied by that major
producer in the preceding quarterly period, and
(b) that a minimum 55% of the aggregate weight of packaging material
and packaging imported or packed/filled and supplied by that major
producer in the preceding quarterly period is recovered by way of
recycling, and, where appropriate,
(c) that a minimum—
(i) 60% by weight for glass, and as appropriate,
(ii) 60% by weight for paper and board, and as appropriate,
(iii) 50% by weight for metals, and as appropriate,
(iv) 22.5% by weight for plastics, and as appropriate,
(v) 15% by weight for wood,
supplied by that major producer in the preceding quarterly period is
recovered by way of recycling.
(3) Without prejudice to the generality of sub-regulations (1) and (2), such
steps as are necessary to ensure compliance with the recovery and recycling
targets may include—
(a) accepting or collecting packaging waste from customers of the major
producer, or from any other person,
(b) placing a notice in one or more newspapers circulating in the functional
area of the local authority in which the premises of the major
producer is situate stating that the major producer will accept or collect
packaging waste,
16 [282]
(c) giving the notice referred to in paragraph (b) or drawing the attention
of the public, or of business, to the notice, through other forms of
broadcast or electronic media.
Purchase of packaging waste
12. (1) A major producer shall not purchase packaging waste, either directly
or indirectly, from any other major producer, whether that major producer is a
member of an approved body or otherwise for the purposes of fulfilling its
obligations under regulation 11.
(2) Where a major producer purchases packaging waste for the purpose of
fulfilling its obligations under regulation 11, that major producer shall—
(a) keep a record of the type, amount and source of such packaging
waste, and
(b) provide a declaration, signed by a competent person, that the packaging
waste purchased, either in whole or in part, has not previously
been the subject of any subsidy payments or, as appropriate, subventions
from an approved body, and
shall include the aforementioned information in the quarterly report to each
relevant local authority required under the provisions of regulation 15.
(3) Notwithstanding sub-regulation (2), where a major producer purchases
packaging waste for the purpose of fulfilling its obligations under regulation 11,
that major producer shall—
(a) purchase an amount of packaging waste in respect of each material
type, in direct proportion to the aggregate weight of each material
type of packaging material and packaging imported or packed/filled
and supplied by that major producer in the preceding quarterly
period, and
(b) source a minimum 20% of the aggregate weight of any packaging
waste purchased from household packaging waste.
Registration and certification of major producers
13. (1) Subject to regulation 17, a major producer shall, in respect of each
premises specified in regulation 10(1)(a)—
(a) apply for registration to the local authority in whose functional area
the premises is situate not later than the 31st day of March 2008 or
the date of commencement of business, whichever is the later, and
(b) apply for renewal of such registration to the relevant local authority,
not later than the 31st day of January in each year following initial
registration, subject only that a major producer shall not be required
to make such application within four months of initial registration.
[282] 17
(2) A major producer who makes an application to a local authority under
sub-regulation (1) shall be registered by that authority provided that the requirements
of regulation 14 are complied with.
(3) A major producer shall not be deemed to be registered until a Certificate
of Registration has issued by the local authority to which the application for
registration was submitted.
(4) A major producer shall not be deemed to have renewed his or her registration
until a Certificate of Renewal of Registration has issued by the local
authority to which the application for renewal of registration was submitted.
(5) A local authority shall issue a Certificate of Registration or a Certificate of
Renewal of Registration as expeditiously as possible and, in any event, within—
(a) six weeks of the date of receipt of an application for registration or
renewal of registration, or
(b) two weeks after the date of receipt of further information or particulars
requested by a local authority in connection with such an
application,
whichever is the later.
(6) Notwithstanding sub-regulation (5), a local authority may refuse an application
for renewal of registration under this regulation where it considers that a
major producer has, in the preceding twelve month period, failed to satisfactorily
implement the three-year implementation plan submitted for the purposes of
regulation 15 or, as the case may be, failed to comply, in whole or in part, with
the provisions of regulations 5, 6, 7, 8, 10, 11, 12, 13, 14, 15 and 25.
(7) A major producer who supplies packaging material, packaging or packaged
products from premises in the functional area of more than one local authority
shall designate its main branch or another nominated branch as having
responsibility for the purposes of sub-regulation (1).
(8) The branch designated by a major producer for the purposes of sub-regulation
(1) shall be obliged to apply for registration or renewal of such registration
to all local authorities in whose functional areas such major producer
operates premises involved in the supply of packaging material, packaging or
packaged products.
Application for registration or renewal of registration
14. (1) An application for registration under regulation 13 shall be made in
writing, shall contain at least the information set out in Part 1 of Schedule 3 and
shall be accompanied by a copy of the three-year implementation plan required
to be prepared under regulation 15(1)(a).
(2) An application for renewal of registration under regulation 13 shall be
made in writing, shall contain at least the information set out in Part 2 of Schedule
3, and shall be accompanied by a copy of the annual report required to be
18 [282]
prepared under regulation 15(2)(a), and where appropriate, by a copy of a new
three-year implementation plan prepared in accordance with regulation
15(2)(b).
(3) Notwithstanding sub-regulations (1) and (2), where a major producer fails
or refuses to supply a complete application, which shall include—
(a) the information set out in Part 1 of Schedule 3 in the case of an application
for registration, or as appropriate,
(b) the information set out in Part 2 of Schedule 3 in the case of an application
for renewal of registration, or as appropriate,
(c) any further information or particulars requested by a local authority
in connection with such application for registration or, as appropriate,
renewal of registration,
within four weeks of the date of a request by the local authority for a completed
application or, as appropriate, further information, the local authority may, if it
thinks fit, return such incomplete application to the major producer.
(4) A major producer shall notify, within ten days, the relevant local authority
of any changes to the information provided in, as the case may be, an application
for registration or, as appropriate, an application for renewal of registration.
(5) An application for registration or for renewal of registration under regulation
13 shall be accompanied by a fee equivalent to €15 per tonne of packaging
material and packaging placed on the market, which—
(a) in the case of the initial registration of a premises at which business
has been carried on by the applicant for a period of twelve months
or more immediately prior to application, was supplied by the applicant
at that premises in the twelve month period prior to the date of
application for registration,
(b) in the case of the initial registration of a premises at which business
has not been carried on by the applicant for a period of twelve months
or more immediately prior to application, is likely to be supplied by
the applicant at that premises in the twelve month period subsequent
to the date of application for registration,
(c) in the case of a renewal of registration in respect of a premises, was
supplied by the applicant at that premises in the period since initial
registration or last preceding renewal of registration as the case may
be,
save that the amount of fee shall be not less than €500, and not more than
€15,000 subject to sub-regulations (6) and (7), in respect of a premises.
[282] 19
(6) Not later than the 30th day of November each year and having regard to
any change in the consumer price index since the determination of the maximum
fee in respect of a premises for the time being in force, the Minister may—
(a) review the maximum fee in respect of a premises and may by order
amend that maximum fee in accordance with the results of that
review, and
(b) notify each local authority in writing of the revised maximum fee in
respect of a premises.
(7) In this sub-regulation, “change in the consumer price index” means the
difference between the All Items Consumer Price Index Number last published
by the Central Statistics Office before the date of the determination under this
sub-regulation and the said number last published before the date of the preceding
review under sub-regulation (6), expressed as a percentage of the last-mentioned
number.
Implementation plans, annual reports and quarterly reports
15. (1) A major producer shall not later than the date on which application
for registration is made under regulation 13—
(a) prepare a three-year implementation plan specifying the steps to be
taken by the said major producer in order to comply with the requirements
of these Regulations, including the steps which the major producer
intends to take to prevent or minimise packaging waste, and
(b) fix and maintain in a conspicuous position, and in such manner as to
be clearly visible to members of the public, within one metre of each
entrance to each premises specified in regulation 10(1)(a) but separate
and adjacent to the notice required in regulation 10(1)(a), a notice
complying with the requirements specified in Part 2 of Schedule 2.
(2) A major producer shall not later than the date on which application for
renewal of registration is made under regulation 13—
(a) prepare an annual report specifying the steps taken by the said major
producer in order to comply with the requirements of these Regulations
in the preceding registration period, and the results of those
steps, and
(b) prepare a revised three-year implementation plan, having regard to
experience in the preceding registration period, specifying the steps to
be taken by the said major producer to comply with the Regulations,
including the steps which the major producer intends to take to
prevent or minimise packaging waste, and
(c) fix and maintain in a conspicuous position, and in such manner as to
be clearly visible to members of the public, within one metre of each
entrance to each premises specified in regulation 10(1)(a) but separate
and adjacent to the notice required in regulation 10(1)(a), a notice
complying with the requirements specified in Part 3 of Schedule 2.
20 [282]
(3) A three-year implementation plan under sub-regulation (1)(a) or, as
appropriate, a revised three-year implementation plan under sub-regulation
(2)(b) shall contain at least the information set out in Part 3 of Schedule 3.
(4) An annual report under sub-regulation (2)(a) shall contain at least the
information set out in Part 4 of Schedule 3.
(5) Without prejudice to commercial and industrial confidentiality, a copy of
an implementation plan or an annual report prepared for the purpose of this
regulation shall be made available, free of charge, by the major producer concerned
to any person who so requests.
(6) For the purpose of this regulation, “made available” includes sending the
implementation plan or annual report, as the case may be, by post, fax or electronic
mail to a person who so requests.
(7) With effect from the date of registration in accordance with regulation 13,
a major producer shall, within ten days of the end of each quarterly period,
compile, maintain and submit to the relevant local authority the information
(hereinafter referred to as the “quarterly reports”) set out in Part 5 of Schedule
3.
(8) It shall be the responsibility of a major producer to retain, for a period of
three years after the end of the period in question, such records as are necessary
to verify the accuracy of the quarterly reports compiled, maintained and submitted
in accordance with sub-regulation (7).
(9) The quarterly reports to be submitted by a major producer to a local
authority under sub-regulation (7) shall, where the relevant local authority so
requires, be in a form specified by the authority.
(10) Without prejudice to sub-regulations (1)(a), (2)(a), (2)(b), (3), (4), (7)
and (9), the Minister from time to time may issue guidance concerning the presentation,
structure and content of the three-year implementation plan and, as
appropriate, the annual report and, as appropriate, the quarterly reports.
Application of requirements
16. (1) Where, within the functional area of a local authority, a major producer
operates more than one premises at or from which such major producer
supplies packaging material, packaging or packaged products—
(a) the requirement to compile, maintain and submit quarterly reports
under regulation 15 shall apply in respect of each such premises as a
separate entity, and
(b) a three-year implementation plan or an annual report required to be
prepared and published under regulation 15 may relate to the overall
activities of the major producer concerned within the relevant functional
area, and these Regulations shall be construed accordingly.
[282] 21
(2) In determining, for the purpose of regulations 11, 14 and 15, the aggregate
weight of packaging material and packaging supplied by a major producer,
account shall not be taken of—
(a) packaging destined for reuse where such packaging destined for reuse
is subject to operations by which it is returned to the producer for the
purpose of it being refilled or used for the same purpose for which it
was conceived,
(b) packaging material and packaging where such material or packaging
is supplied by, or used in the supply of products by, that major producer
to persons outside of the State, and
(c) packaging waste supplied by a recovery operator to the major producer
for the purposes of treatment, recovery or disposal.
(3) Local authorities shall publish notices in one or more newspapers circulating
in their respective functional areas at least once in each calendar year,
publicising details of all major producers in respect of whom such local authorities
have issued Certificates of Registration or Certificates of Renewal of
Registration under regulation 13, and indicating the obligation of such major
producers to accept from any person free of charge packaging waste arising
from products, packaging or packaging material of a type or brand sold or otherwise
supplied by such major producers.
PART IV
APPROVED BODIES
Exemption from certain requirements
17. (1) A producer to whom is granted a certificate by an approved body
stating that such producer is participating, in a satisfactory manner, in a scheme
for the recovery of packaging and packaging waste shall be exempt from the
requirements of regulations 10 to 16 and 25 unless and until—
(a) such certification is revoked by the approved body concerned or
otherwise ceases to have effect or be in force, or
(b) approval granted by the Minister to the body concerned is revoked in
accordance with regulation 20.
(2) A producer to whom sub-regulation (1) applies shall, only for so long as
such producer is so exempt, fix and maintain in a conspicuous position, and in
such manner as to be clearly visible to members of the public, at or near each
entrance to each premises specified in regulation 10(1)(a), a notice complying
with the requirements specified in Part 4 of Schedule 2.
Application to the Minister for approval
18. (1) A body corporate or association may apply to the Minister for
approval for the purposes of this Part.
22 [282]
(2) An application for approval under sub-regulation (1) shall be made in
writing and shall be accompanied by the following—
(a) a copy of the articles of association of the body corporate or
association,
(b) the appropriate certificate issued by the Companies Registration
Office,
(c) proposals relating to corporate governance,
(d) proposals for the representation of small and medium enterprises on
the Board of the approved body together with the names and
addresses in the State of the officers of the body corporate or association
and its Board of Directors,
(e) proposals for a contingency reserve,
(f) proposals relating to green procurement,
(g) a copy of the rules of membership of the body corporate or association
together with details of the membership fee structure,
(h) a declaration that no producer applying for membership will be discriminated
against on the grounds—
(i) of the quantity or, as appropriate, type of packaging material,
packaging or packaged product supplied by the producer in the
State, and as appropriate,
(ii) of the geographical location or locations within the State from
which the producer is supplying packaging material, packaging or
packaged products,
(i) proposals relating to co-operation with other approved bodies for the
recovery of packaging and packaging waste (where such approved
bodies exist) including, in particular, but not exclusively, targets for
the recovery and recycling of packaging waste,
(j) proposals for a scheme to be undertaken by the body corporate or
association for the recovery and recycling of packaging waste,
(k) a business plan in relation to the proposed scheme,
(l) a financial plan in relation to the proposed scheme,
(m) annual packaging waste recovery and recycling targets, including
material specific recycling targets, to be achieved by the body concerned
or by producers participating in the proposed scheme,
(n) proposals for the certification of producers for the purpose of regulation
17,
[282] 23
(o) proposals relating to the dissemination of information to the public
regarding the recovery and recycling of packaging and packaging
waste,
(p) proposals for determining and verifying the level of recovery and
recycling of packaging waste under the proposed scheme, and
(q) such other information as may be specified in writing by the Minister
for the purposes of this regulation.
Grant or refusal of approval
19. (1) Subject to sub-regulation (3), the Minister may, by notice in writing,
grant approval to a body corporate or association for the purposes of this Part,
or may refuse to grant such approval.
(2) Subject to regulation 20, an approval granted by the Minister under this
regulation shall be for a period of not less than four years and not more than
ten years.
(3) An approval under sub-regulation (1) may be subject to such conditions
as the Minister may specify, including conditions relating to—
(a) the articles of association of the body corporate or association,
(b) the appropriate certificate issued by the Companies Registration
Office,
(c) corporate governance,
(d) the representation of small and medium enterprises on the Board of
the approved body and the composition of the Board of Directors,
(e) the contingency reserve,
(f) green procurement,
(g) the rules of membership of the body corporate or association and the
membership fee structure,
(h) the non-discrimination against any producer applying for membership
on the grounds—
(i) of the quantity or, as appropriate, type of packaging material,
packaging or packaged product supplied by the producer in the
State, and as appropriate,
(ii) of the geographical location or locations within the State from
which the producer is supplying packaging material, packaging or
packaged products,
(i) co-operation with other approved bodies for the recovery of packaging
and packaging waste (where such approved bodies exist) including, in
24 [282]
particular, but not exclusively, targets for the recovery and recycling
of packaging waste,
(j) any aspects of the scheme to be undertaken by the body corporate or
association for the recovery and recycling of packaging waste,
(k) the business plan of the scheme,
(l) the financial plan of the scheme,
(m) the annual packaging waste recovery and recycling targets, including
material specific recycling targets, to be achieved by the body concerned
or by producers participating in the scheme,
(n) the certification of producers for the purpose of regulation 17,
(o) the dissemination of information to the public regarding the recovery
and recycling of packaging and packaging waste,
(p) the determination and verification of the effects of measures undertaken
with regard to the recovery and recycling of packaging waste,
(q) the nature and frequency of information (including financial accounts)
to be submitted by the body concerned to the Minister or to such
other person as may be specified by the Minister, and
(r) such other information as may be specified in writing by the Minister
for the purposes of this regulation.
(4) The Minister may, by notice in writing, from time to time attach a new
condition or, as the case may be, vary any existing condition attached to an
approval under this regulation.
Review and revocation of approval
20. (1) Subject to sub-regulation (2), where it appears to the Minister that
new packaging waste recovery and recycling targets, including material specific
recycling targets, need to be met, or where relevant packaging waste recovery
and recycling targets, including material specific recycling targets, have not been
or are not being met, or where, for some other reason the Minister considers it
necessary in the interests of packaging waste recovery, the Minister may review
an approval granted under regulation 19, or require the approved body to make
a new application under regulation 18 for a renewal of an approval.
(2) Where the Minister proposes to review an approval, or require the making
of a new application in accordance with regulations 18 and 19, the Minister
shall—
(a) give notice in writing to the approved body of the proposal and the
reasons therefor,
[282] 25
(b) specify a period of not less than four weeks within which the approved
body may make a submission to the Minister in relation to a review,
or make a new application under regulation 18, as the case may be,
and
(c) consider any submission, or application so made.
(3) Following the consideration of any submission or application in accordance
with sub-regulation (2), the Minister may issue a revised approval, varying
any condition attaching to the approval or attach any additional conditions
which he or she considers appropriate, or grant a new approval under regulation
19, as the case may be.
(4) Where an approval under regulation 19 is due to expire, an approved
body that wishes to continue to operate as an approved body shall, not later
than four months before the expiry of an approval, make an application to the
Minister under regulation 18.
(5) Subject to sub-regulation (6), where it appears to the Minister that an
approved body is not complying with conditions attached to such approval, or
that relevant packaging waste recovery and recycling targets, including material
specific recycling targets, have not been or are not being met, the Minister may
revoke an approval granted under regulation 19.
(6) Where the Minister proposes to revoke an approval granted under regulation
19, the Minister shall—
(a) give notice in writing to the approved body of the proposed decision
and the reasons therefor,
(b) specify a period of not less than four weeks within which the approved
body may make a submission to the Minister in relation to the proposed
decision, and
(c) consider any submission so made.
Use of logo adopted by an approved body
21. No person shall, otherwise than with the written consent of an approved
body, display at any premises or on or in any product, packaging, advertisement
or notice, any logo or other mark or symbol designed and adopted by that
approved body for use by producers certified by that approved body for the
purposes of regulation 17.
Notifications to local authorities
22. An approved body shall, not later than the 7th day of each month, notify
each local authority of any producer situate within the functional area of the
authority in respect of which a certificate for the purposes of regulation 17 has
been granted or revoked within the preceding calendar month.
26 [282]
Information to the Agency and the Central Statistics Office
23. An approved body shall furnish such information, in such form and at such
frequency as may be specified by the Agency or the Central Statistics Office, in
relation to activities carried out by producers or recovery operators registered
with that body, for the purposes of complying with these Regulations.
PART V
LOCAL AUTHORITY FUNCTIONS
Enforcement by local authorities
24. Each local authority shall be responsible for the enforcement of these
Regulations within their functional areas and shall take such steps as are necessary
for this purpose.
Power of local authority to require submission of information
25. (1) Subject to regulation 17 and sub-regulation (4), a local authority may,
by notice in writing, require a producer to furnish within a specified period of
not less than six weeks—
(a) a packaging report in respect of a specified period,
(b) such other information as may be specified in the notice regarding the
use, type, quantity, origin and destination of packaging by that producer,
the steps taken in order to comply with any requirement of
these Regulations, and the results of those steps, or
(c) evidence of the turnover of the producer concerned.
(2) A notice under sub-regulation (1) may specify the manner in which any
matter is to be set out or addressed in a packaging report, or the nature of the
evidence to be furnished, as the case may be.
(3) A producer on whom a notice under this regulation has been served shall,
within the period specified in the notice, comply with the terms thereof.
(4) A local authority may not require a producer to furnish in accordance
with sub-regulation (1) a packaging report more frequently than once in any
period of twelve months.
(5) Producers should maintain and make available for the purposes of inspection
by the local authority all supporting information used in the preparation of
a packaging report sought under sub-regulation (1).
Entries in a local authority register
26. (1) It is hereby prescribed that the register maintained by a local authority
under section 19 of the Act shall contain entries specifying the following
matters—
(a) the registration or renewal of registration of a major producer by the
local authority in accordance with regulation 13 and, as appropriate,
[282] 27
(b) the giving of a notice under regulation 25.
(2) Information received by a local authority in accordance with regulations
13, 15 and 26 shall be made available at the principal office of the local authority
concerned for inspection by any person during office hours.
Notice and information to the Agency
27. A local authority shall furnish such information within a specified period,
in such form and at such frequency as may be specified by the Agency, in
relation to activities carried out in the functional area of the authority, by major
producers whom have registered with the authority for the purposes of complying
with these Regulations.
PART VI
ESSENTIAL REQUIREMENTS OF PACKAGING
Essential requirements of packaging
28. (1) Subject to sub-regulation (2), a producer shall not supply packaging
or packaged products to other persons within the State unless the packaging
concerned complies with the requirements of Schedule 4.
(2) Packaging shall be deemed to comply with the requirements of Schedule
4 if it complies with a European standard duly adopted, or a standard prescribed
under section 29(4) of the Act, in relation to the requirements of Schedule 4.
Concentration of heavy metal in packaging and packaging material
29. (1) Subject to sub-regulation (2), and in accordance with Commission
Decision 2001/171/EC8
, packaging material and packaging shall not be imported,
manufactured or used unless the aggregate concentration levels of lead, cadmium,
mercury and hexavalant chromium present in such packaging material or
packaging do not exceed 100 parts per million by weight.
(2) Subject to sub-regulations (3) to (6), glass packaging may exceed the limit
referred to in sub-regulation (1) where it complies with the following
conditions—
(a) no lead, cadmium, mercury or hexavalant chromium has been intentionally
introduced during the manufacturing process, or
(b) the concentration levels have only been exceeded because of the
addition of recycled materials.
(3) Where the average heavy metals concentration levels on any 12 consecutive
monthly controls in the output of an individual glass furnace operating in
the State, representative of normal and regular production activity, exceeds 200
parts per million by weight, the manufacturer, or the manufacturer’s authorised
representative, shall submit a report to the Agency which shall include, as a
minimum, the following information—
8 O.J. No. L 62, 02.03.2001, page 20; last amended by Commission Decision 2006/340/EC (O.J.
No. L 125, 12.05.2006, page 43).
28 [282]
(a) a measure of the values taken,
(b) a description of the measurement methods employed,
(c) suspected sources for the presence of the heavy metals concentration
levels, and
(d) a detailed description of the measures taken to reduce the heavy metals
concentration levels.
(4) In the case of glass imported into the State, produced in a furnace which
is situated outside the European Union and which exceeds the limits referred
to in sub-regulation (3), the producer who placed the product on the market
shall submit a report to the Agency in accordance with sub-regulation (3).
(5) The Agency may by notice in writing require the manufacturer, the manufacturer’s
authorised representative or the producer who places the product on
the market, as appropriate, to furnish within a specified period measurement
results from the production sites and the measurement methods employed.
(6) A manufacturer, the manufacturer’s authorised representative or the producer
who places the product on the market in the State, as appropriate, on
whom a notice under this regulation has been served, shall, within the period
specified in the notice, comply with the terms thereof.
PART VII
MISCELLANEOUS
Onus of proof on a producer
30. In a prosecution for a contravention of regulations 10, 11, 12, 13, 14 or 15,
a producer shall be deemed to be a major producer unless the said producer
satisfies the Court that the contrary is the case.
Collection of packaging waste
31. (1) Notwithstanding any contractual arrangement to the contrary effect—
(a) a local authority shall not be obliged to collect or arrange for the
collection of packaging waste from a producer where the authority
considers that the said producer is not in compliance with the requirements
of these Regulations,
(b) a commercial recovery operator shall not accept packaging waste for
disposal from a producer in accordance with regulation 5(1)(a)(ii)(II)
without first receiving a written declaration, signed by the person in
charge of the premises from which the waste is to be collected, stating
that the producer will present packaging waste for collection in compliance
with regulation 5.
(2) Recovery operators, brokers and dealers shall furnish such information in
relation to packaging waste collected, sorted, transferred, recycled, recovered or
[282] 29
disposed of within a specified period, in such form and at such frequency as may
be specified by the Agency.
Constituent materials in packaging waste
32. For the purpose of separating packaging waste into specified packaging
waste types in accordance with regulation 5 in order to comply with a requirement
of these Regulations, an item of packaging waste shall be deemed to be
comprised of the constituent material which is proportionally largest by weight,
and shall be categorised accordingly.
Authorised Persons
33. (1) An authorised person may, for any purpose connected with these
Regulations
(a) at all reasonable times, or at any time if he or she has reasonable
grounds for believing that there may be a risk of environmental pollution
arising from the carrying on of an activity at the premises orbjkbjk